DEPARTMENT OF THE NAVY 
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

ex-Pvt, USMC
Docket No. MD01-01033

Applicant’s Request

The application for discharge review, received 010806, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020215.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6210.3.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I have a written letter attached to this form.
I feel this discharge is undeserving because the lost accusation was entirely untrue.  I had one incident that may or may not have been worthy of NJP, but surely not a discharge that would deny me all the benefits I deserve mainly the G.I. Bill, and any Discharge other than an Honorable would do this.

2.  To Whom It May Concern:
I am formally requesting my discharge be upgraded from 'General Under Honorable Conditions' to 'Honorable'.  I believe the circumstances that lead to my early discharge, and my time served before these circumstances, warrant the fulfillment of this request.  I hope you will hear my plea and grant me an Honorable discharge.  It would be the most valued document in my life today, and would make my time served in the United States Marine Corps that much more of a significant factor in my life.
Ironically, my trouble began shortly after receiving my Good Conduct Medal for three years of devoted service.  In January 1993 I was deployed to 29 Palms for a 3 month training exercise.  My peers and I had gotten a little too close with Lieutenant V_.  He was short and didn't mind fraternizing with us Lance Corporals, but we still tried to give him the respect of an officer.  We were all joking around poking fun, when he poked fun at me and I retaliated, all in fun.  He immediately addressed me as 'Lance Corporal' and pulled rank.  I respected him, but told him "That's why they don't want fraternizing, because you never know when a superior will feel disrespected".  I immediately told my Sergeant in charge and my Staff NCO what happened and was told to stay away from Lt. V_, and his superiors, supposedly, told him to stay away from me. That night we had some problems with our communication links.  That was my job, being an Air Radio Tech; we establish and maintain ground to air communication.  We were up all night taking care of the problems and kept a man in each system around the clock.  Since we were up all night we were very tired, and I was manning my position in the IDASC system, which is where the operators sit and talk to the planes.  I sit at a station where they can easily get my attention if anything should go wrong.  I laid my head down at my station for some rest, but not to sleep.  Lt. V_ came into the IDASC system, for what I don't know, and sat at a station in the very back just sitting there.  Another officer was in charge of the IDASC at that time so Lt. V_ could only have one ulterior motive... to get at me.  I had already explained to the Officer in charge that I was simply going to lay my head down because of the rough night I had and he had no problem with it, besides, if he needed me I was available.  Lt. V_ told me not to sleep during the Officers shift.  I explained to him, I wasn't sleeping I was just lying down because I was up all night.  I said this very respectful, but for some reason he jumped up cursing me loudly with a barrage of profanity and lastly said "I'm sick of your shit!" The only thing I said to him was "I'm sick of your shit too".  I realize I probably shouldn't have stooped to his level, but I said it before I thought about it.  He stormed out of the IDASC and I called my Sergeant immediately and let him know what took place. It was forgotten about, until we got back to Cherry Point, NC.  I was to be given NJP.  I was shown statements of everyone who witnessed the two incidents that took place, and everyone supported me.  I went in front of the Commanding Officer of MCAS and he agreed that I was a victim, but... no matter what, I am never to disrespect and Officer.  I was given thirty days of correctional custody, and demoted. I was devastated.  Three years of honorable service and now this.  All my peers and I, finally, after 3 years, would finally see corporal, but now, all my peers and not I.  I was scheduled for a Meritorious Mast for my outstanding performance and knowledge in my MOS in the field, but was denied, because of my NJP. I was crushed, but not beaten.  I would come out of CC an even better Marine.  I did.  Although I was always inspection ready before this incident, I made sure I was even more so. I made sure I was always early, never late.  I showed more initiative.  I had to, because now I had to play catch up, and I milked my superiors on ways to get promoted quickly.  I did all I could, but one unfortunate afternoon is all it took to wash everything down the drain. I went to get my haircut during my lunch break every week to keep my hair at 0 - 3 inches at all times.  The barbershop I go to was a little busier than usual that day.  An out of uniform Gunnery Sergeant came into the shop.  He was the NCO school Staff NCO in charge, who had been given orders to be transferred.  He asked me if he could get ahead of me, and I told him I would let him, but I couldn't be late getting back.  He asked the next gentleman and he gladly gave up his spot.  As I was getting my haircut, the Gunnery Sergeant sat down to get his cut.  He started giving me a hard time, which I thought was harmless fun, so I just smiled along with his remarks.  This was the time when the new order on boots came out, so I had some boots on that fit the order but were not standard issue.  He told me I was out of uniform and I explained to him about the new order that came out, and even where he could find it.  I swear to you and anyone who'd listen that I was as cordial as a princess, yet he asked me for my ID card.  He took down my info and went on his way.  The barber told me that he always comes in there starting up with people for no reason, but I thought nothing of it.  When I got back, one of the Staff Officers said he got a call from the Gunnery Sergeant who claimed I was down there being belligerent.  I denied it, and told him what happened.  Soon after that, I was attending to some after hours duties, when my CEO and Staff NCO called me into a room.  They took my last stripe without any questions from me what so ever.  I stood there listening to my charges with tears in my eyes, and anger in my heart as they removed my rank.  All because I didn't let a Staff NCO, who would get in trouble with no one for returning from lunch late, go ahead of me, who would have the world crumble around him for being five minutes late. I lost hope in that base, not the United States Marine Corps, but that Unit.  A Unit which had given so many of my peers more trouble than anyone should have to go through, and now had taken away everything from me.  I was scheduled to be stationed in Okinawa.  I knew there I could make a fresh start, but I was on light duty, for a 3rd degree sprain on my ankle playing basketball with my shop for PT.  I was to remain at Mass- I c/e.  They came to me with an option to get out if I wanted, because if I stayed in I would just get in more trouble.  I was demoted twice, given extra duty, and 30 days of CC with this unit.  Even if I was wrong for cursing back at Lt. V_, who was out with an Honorable Discharge even before I went to CC, I did nothing at all in that barbershop, and I had witnesses to prove it.  I took the option to get out.  I was afraid maybe they'd kick me out and I'd get a Dishonorable, so I took the General Under Honorable Conditions. I've regretted it.  I couldn't use my GI Bill, which is what I joined the Corps for in the first place.  Couldn't return to service without an Honorable and start fresh.  I almost felt like my 3 to 4 years of the Marine Corps was a waste, but I knew better than that.  It's the people in the Corps that can make you love or hate being there, but I will always love the Corps. I am hoping you will see my side of these unfortunate incidents.  I'm not asking you to decipher whether I'm guilty of anything, I'm simply asking you to decide whether I deserve an Honorable discharge.  I believe I do and I pray that you will too.  Semper Fi  Sincerely,

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USMCR(J)		890726 - 891206	COG

Period of Service Under Review:

Date of Enlistment:  891207		Date of Discharge:  930817

Length of Service (years, months, days):

	Active:    03  08  11
	Inactive:  None

Age at Entry:  20			Years Contracted:  5

Education Level:  12			AFQT:  78

Highest Rank:  LCpl

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (10)		Conduct:  3.9 (10)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, MUC, Letter of Appreciation (2), GCM

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct-Pattern of misconduct (administrative discharge board required but waived), authority:  MARCORSEPMAN Par. 6210.3.

Chronological Listing of Significant Service Events:

920124:	Counseled for deficiencies in performance and conduct.  [Failure to comply with Military Regulations.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

920428:	Counseled for deficiencies in performance and conduct.  [Disrespect towards a noncommissioned officer.]  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930301:	NJP for violation of UCMJ, Article 89:
Specification: Disrespect toward an officer.
Violation of UCMJ, Article 117:
Specification: Breach of peace.
Violation of UCMJ, Article 134:
Specification: Utter a check for the amount of $200.00 to MWR and did not maintain sufficient funds.
Awarded correctional custody for 30 days, reduction to PFC.  Reduction suspended for 6 months.  Not appealed.

930420:	Counseled for deficiencies in performance and conduct.  [Listed in correctional custody letter dated 30Mar1993].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930602:	Vacate suspended reduction to PFC awarded at CO's NJP of 930301.

930609:	NJP for violation of UCMJ, Article 117:
Specification: Violate written regulation by not producing his AFID card when required to do so, did cause a breach of peace by displaying his middle finger at the MP on duty.
Awarded extra duties for 45 days, reduction to Pvt.  Reduction suspended for 6 months.  Not appealed.

930615:	Counseled for deficiencies in performance and conduct.  [Financial irresponsibility to wit: failure to pay just debts].  Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.

930716:	Vacate suspended reduction to Pvt awarded at CO's NJP of 930609.

930730:	Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.

930730:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

930730:	Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.  The factual basis for this recommendation was your discreditable involvement with military authorities during this enlistment as evidenced by you two nonjudicial punishments and other adverse entries contained on page 11 of your service record book. 

930806:	SJA review determined the case sufficient in law and fact.

930806:	GCMCA [Commanding General, 2d Marine Aircraft Wing] directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930817 under other than honorable conditions for misconduct due to a pattern of misconduct (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issues 1 and 2.  A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and adverse counseling entries on other occasions.  The Board considered the applicant’s record of nonjudicial punishments as established facts, and could not discern that the applicant was unfairly charged with any offense.  The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service.  The applicant’s evaluation performance average conduct markings of 3.9 do not meet the standard for honorable service. An upgrade to honorable would be inappropriate.  It must be noted that most Marines serve honorably and well and therefore earn honorable discharges.   In fairness to those Marines, commanders and separation authorities are tasked to ensure that undeserving Marines receive no higher characterization than is due.  Relief denied.

The applicant did not contest his administrative separation. While he may feel that his command was against him, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. 

 Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Paragraph 6210, Misconduct, of the Marine Corps Separation and Retirement Manual, (MCO P1900.16D), effective 27 Jun 89 until 17 Aug 95.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may view DoD Directive 1332.28 and other Decisional Documents by going online at “afls10.jag.af.mil”.  

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023